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Shaw v Howard de Walden Estate

DATE: 01 Jun 2009

Mr Shaw carried out alterations which resulted in the incorporation of a storeroom previously excluded from the demise into his premises. The main issue was whether the additional room had become part of his demise, either expressly by the deed granting consent to the alterations, or by estoppel or by encroachment. The consequential issue was whether he was entitled to enfranchise on the basis that the premises were a house, or if not as a flat. The claim was settled at the start of the trial.